United States v. Charles H. Carter

FAHY, Senior Circuit Judge:

The appeal is from a conviction of robbery in violation of 22 D.C.Code § 2901 (Supp. V, 1972). An identification question is presented, which includes a challenge to the adequacy of the instruction to the jury. No objection to the instruction as given, however, was made at trial. Considering the one given with the evidence as a whole,, no plain error affecting a substantial right appears. We accordingly are not required to consider further this phase of the case. Rule 52, F.R.Crim.P.

A more serious problem grows out of the manner in which the Assistant United States…